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The Indiana Supreme Court revised the Indiana Rules of Trial Procedure to allow pro se litigants and other potential clients to use limited scope representation more often and without some of the restraint they’ve had in the past.
Indiana attorneys and legislators are embarking on a broader discussion about the state’s current tort claim cap and whether that decades-old limit is adequate to address the scope of this situation.
The Indiana Probate Code Study Commission, which meets for the first time this year on Wednesday, will focus on three items at its meeting, including the unauthorized practice of law.
The state and federal appellate courts are closed Monday in observance of Columbus Day.
The state and federal appellate courts are closed Monday in observance of Columbus Day.
The Indiana Continuing Legal Education Forum will host a conference on securities law from 8:30 a.m. to 4:30 p.m. Oct. 18 at the ICLEF Conference Facility, 230 E. Ohio St., 5th floor, Indianapolis.
On Sept. 30, the Bureau of Justice Assistance announced an award of $4,423,859 for the Indiana Criminal Justice Institute Edward Byrne Memorial Justice Assistance Grant (JAG). The deadline to apply for JAG funds is Oct. 31.
The Indiana Court of Appeals has sided with a jury in rejecting a man’s insanity plea, holding that even when crimes seem horrific and senseless, that does not mean the perpetrator is legally insane.
7th Circuit Court of Appeals had posted no Indiana opinions at IL deadline.
Indiana Supreme Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Joseph A. Taylor v. Alan P. Finnan
48A02-1105-MI-547
Miscellaneous. Reverses trial court’s dismissal of Taylor’s writ of habeas corpus. Affirms trial court’s finding that Taylor’s claim should have proceeded as a petition for post-conviction relief, but that the court should have transferred the case to Floyd County – where Taylor had been convicted and sentenced – rather than dismiss it. Remands to transfer the case to Floyd County.
Lisa A. Davis v. Review Board of the Indiana Department of Workforce Development and VOCA of Indiana LLC
93A02-1101-EX-14
Agency appeal. Affirms decision of the Indiana Department of Workforce Development Review Board, which affirmed a decision by an administrative law judge determining Davis had been terminated for cause and therefore was ineligible for unemployment benefits. Holds that Davis had failed to provide good cause for missing a hearing and that her employer provided substantial evidence that Davis was terminated for just cause, including theft.
Kelley Seibert d/b/a Seibert's Kennel v. Rick Bryant (NFP)
48A04-1011-SC-750
Small claim. Reverses small claims court’s judgment in favor of Bryant, holding that the trial court erred in ignoring a provision in the contract between Bryant and Seibert. Remands with orders to enter judgment in favor of Seibert.
Jerramy Moore v. State of Indiana (NFP)
49A02-1104-CR-294
Criminal. Affirms conviction of Class D felony possession of marijuana.
Bane Elliott v. State of Indiana (NFP)
79A05-1008-CR-566
Criminal. Affirms convictions of four counts of child molesting, but remands to the court to revise Elliott’s 40-year sentence to 35 years, holding that Elliott had met his burden of establishing that his sentence was inappropriate.
Indiana Tax Court had posted no opinions at IL deadline.
Indiana Court of Appeals
James Fernbach v. State of Indiana
69A01-1103-CR-151
Criminal. Affirms 60-year sentence for two counts of Class A felony attempted murder, holding that the jury’s rejection of Fernbach’s insanity defense was not erroneous.
Indiana Supreme Court Chief Justice Randall T. Shepard signed an order Oct. 7 stating that rather than advance the Mortgage Foreclosure Best Practices to the rulemaking stage, the court will oversee the guidelines, updating them as needed.
An attorney and former Democratic candidate for Gibson County prosecutor indicted on charges including possession of child pornography and false informing, entered into a plea agreement Tuesday that wouldn’t have required he register as a sex offender. After further review, the trial judge realized Indiana law requires him to do so.
The United States Bankruptcy Court, Southern District of Indiana, issued an order Oct. 5 amending local bankruptcy rules.
The Indiana Court of Appeals upheld the dismissal of remonstrators’ challenge to annexation of land by the city of Evansville, finding the issue to be moot because the annexation has already been completed.
A county sheriff’s department that doesn’t own, maintain or control a county road does not owe a common law duty to warn the public of known hazardous conditions upon the roadway, the Indiana Supreme Court ruled Thursday.
The Indiana Supreme Court Division of State Court Administration has created an electronic system fee to allow people the ability to pay online for a traffic ticket in courts that use Odyssey.
Thanks to a partnership between Marengo Cave and the Indiana Department of Child Services, foster parents and their foster, biological and stepchildren will be able to get in to Marengo Cave’s guided walking tours for free.
7th Circuit Court of Appeals had posted no opinions from Indiana courts at IL deadline.
Indiana Court of Appeals
Catherine A. Littleton v. State of Indiana
49A04-1101-CR-25
Criminal. Reverses denial of Littleton’s motion to dismiss charges of Class C felony criminal confinement, Class D felony neglect of a dependent, and Class B misdemeanor battery. Remands for dismissal of the charges. Littleton’s conduct comes within the scope of her statutory qualified immunity as a teacher managing a classroom, and the trial court abused its discretion in denying her motion to dismiss.
Andrew Kesling v. Dorothy Kesling, Adam Kesling and Emily Kesling
46A03-1103-DR-77
Domestic relation. Reverses judgment approving an arbitrator’s award that required Andrew Kesling to make a shareholder distribution from funds of a closely held corporation as requested by siblings Emily and Adam Kesling after they intervened in the dissolution of Andrew’s marriage to Dorothy Kesling. Andrew was entitled to request a jury and could not be compelled to submit to arbitration under the auspice of the Family Law Arbitration Act. The arbitrator exceeded the scope of her authority.
Anthony J. Sims v. State of Indiana (NFP)
84A01-1102-CR-80
Criminal. Affirms sentence for Class B felony rape and remands with instructions to vacate the conviction of and sentence for Class C felony incest.
Adam L. Shull v. Mari E. Shull (NFP)
43A03-1103-DR-104
Domestic relation. Affirms distribution of marital property.
In Re the Paternity of R.T.; A.G., et al. v. C.T. (NFP)
34A04-1012-JP-792
Juvenile. Affirms order granting father C.T.’s petition to relocate R.T. to Kentucky and denying mother A.G.’s motion to modify custody.
Indiana Tax Court had posted no opinions at IL deadline.
Indiana Supreme Court
Putnam County Sheriff v. Pamela Price
60S01-1012-CV-665
Civil. Reverses trial court’s denial of the Putnam County Sheriff’s motion to dismiss Price’s negligence action for failure to state a claim. A county sheriff’s department that neither owns, maintains or controls a county road does not owe a common law duty to warn the public of known hazardous conditions upon the roadway. Justices David and Dickson concur in result.